CSX pot gets sweeter, at our expense

Wednesday

Mar 26, 2008 at 12:01 AMMar 26, 2008 at 12:10 AM

In November 2006, the U.S. Department of Transportation released a study on the safety of 19 commuter-train systems that received federal funding. The report noted the commuter rail industry had a "strong" safety record, as indicated by a simple statistic: over the previous decade, the number of passengers transported had increased almost 50 percent - to about 406 million people annually - while the rate of accidents, injuries and fatalities, on a per-million passengers transported basis, had plummeted by about 50 percent.
DOT researchers, however, also observed, "While much progress has been made, significant accidents continue to occur, and the number of annual fatalities has not been substantively reduced." They added that "exposure of pedestrians, trespassers and motorists at highway-rail grade crossings and along the rail right of way continues to provide significant safety challenges with no immediate or cost-effective solutions."
The study further disclosed that the total number of derailments and collisions had held steady or dipped only "slightly" over the 10-year period.
All of which ought to make state lawmakers pause before they cut a $491-million deal with the CSX Corp. for a commuter rail line serving Orlando. It was bad enough, as we noted in this space last week, this project would increase the freight train traffic through Ocala by some 50 percent, even though our city is getting a $32 million overpass on Southwest 17th Street to soothe that pain.
Further, it was sinful that some in state government brokered this huge piece of corporate welfare in the shadows outside of the view of the public or most legislators.
Yet what makes the state's arrangement with CSX even more outrageous is that taxpayers would be on the hook for paying damages related to an accident caused by anyone using the 61-mile commuter line, including CSX and its employees.
The company, which intends to run trains on the line during the 12 hours a day the commuter train is not in service, can be held liable if only its property is involved in a mishap, according to a proposal that passed the House Infrastructure Committee last week.
By the way, the state would be forced to spend $2 million a year for a $200 million insurance policy to cover its - our - liability.
Rep. Richard Glorioso, a Plant City Republican who chairs the panel, argued at last week's hearing that the deal would collapse without the indemnity - a crucial factor considering the estimated $615 million it would cost the state to build the commuter line itself.
Its demise, however, would be better than to allow this ludicrous provision to burden taxpayers. Lawmakers should instead force proponents of this deal - within the Legislature, the Crist administration and the company - to do what ought to have occurred three years ago when the money was tucked away in a major growth management bill: fully explain how this benefits the citizens, especially those outside Orlando.
That federal report we cited notes that accidents have "trended downward," even significantly so. But until they hit zero - which will never happen because we're talking breakable machines operated by fallible humans - the state ought not to assume full liability for someone else's mistake.